Sec. 26.045. FILLING VACANCY ON GOVERNING BODY OF MUNICIPALITY WITH POPULATION OF 1.5 MILLION OR MORE. (a) Except as provided by Subsection (b), if a vacancy occurs on the governing body of a municipality with a population of 1.5 million or more and more than 270 days remain before the date of the next general election of members of the governing body, the governing body shall order a special election in the district in which the vacancy occurred, or in the entire municipality if the vacancy occurred in an at-large position, to fill the vacancy. The special election shall be held on an authorized uniform election date prescribed by the Election Code that occurs before the general election and that allows enough time to hold the election in the manner required by law and shall be conducted in the same manner as the municipality's general election except as provided by provisions of the Election Code applicable to special elections to fill vacancies.
(b) This section does not apply to a municipality that has provided by charter or charter amendment a different procedure to fill a vacancy on its governing body for which the unexpired term is 12 months or less.
Added by Acts 1993, 73rd Leg., ch. 919, Sec. 1, eff. Aug. 30, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1394 (H.B. 1372), Sec. 1, eff. November 5, 2013.
Structure Texas Statutes
Title 2 - Organization of Municipal Government
Subtitle B - Municipal Form of Government
Chapter 26 - Form of Government in Home-Rule Municipality
Subchapter C. Municipal Officers
Section 26.041. Creation of Municipal Offices
Section 26.042. Date for Election of Officers
Section 26.044. Election From Single-Member and At-Large Districts; Limitation on Years of Service
Section 26.045. Filling Vacancy on Governing Body of Municipality With Population of 1
Section 26.046. Size of Governing Body: Certain Municipalities